中国法文化传统与现代法治

China's Legal Cultural Traditions and Modern Rule of Law

中国传统社会未将自由与权利概念化并不意味着中国古人无自由与权利。中国传统法律制度在整体上应当被改造、被置换,但并不意味着古人积累的技术智慧与程序艺术不可被承继,更不意味着支撑法文化传统的基于人性又反映中国文化特质的原则可以被抛弃。中国文化传统仍然是我们探讨中国现代法治的逻辑起点。

The reason that rule of law had not developed in traditional China＇s societies is not without freedom, but because Chinese people＇s traditional way of life did not need it. Chinese traditional legal system should be transformed and be replaced as a whole. However, the principle of meeting the basic needs of humans and the in- telligence ＆ technology of ancestors＇ social governance should be inherited. Furthermore, as the prop of the tradi- tional legal system, Chinese traditional culture is still the logical starting point from which we explore the modern rule of law in China.